Calumet Photographic, Inc., Terms of Service
The effective date of this Agreement is October 30, 2011.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY DESCRIBE LEGALLY BINDING TERMS REGARDING YOUR USE OF THE WEB SITE. YOUR ACCESS AND/OR USE OF THE WEB SITE CONSTITUTES YOUR ACCEPTANCE OF ALL THE PROVISIONS OF THESE TERMS OF SERVICE. PLEASE DO NOT VISIT OR USE THE WEB SITE IF YOU DO NOT WANT TO BE BOUND BY THESE TERMS OF SERVICE.
By accessing and/or using the web site owned and operated by Calumet Photographic, Inc. (“CalumetPhoto.com," "us," "we" or "our") located at http://www.CalumetPhoto.com, any linked pages owned and operated by Calumet Photographic, and/or any related online content or services provided by CalumetPhoto.com or its business partners (collectively, the "Web Site"), you agree to be bound by these Terms of Service ("Terms of Service"). All visitors to and users of any aspects of the Web Site (collectively, "Visitors") are bound by these Terms of Service.
CalumetPhoto.com is not targeted to, nor is intended for use by, anyone under the age of 13. By using the Web Site, you represent and warrant that you are at least 13 years of age or older. If you are not at least 13 years of age, please do not access, use or register for the Web Site. In the event we become aware you are under 13, we will terminate your registration.
From time to time there may be information on our Web Site, advertisements or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Calumet Photographic, Inc. reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
Registration may be required to access some features and services of the Web Site. To register on the Web Site, you must provide a password, login ID consisting of your email address, and/or a screen name. Your registration on the Web Site confirms your agreement: (i) to provide CalumetPhoto.com with accurate and complete registration information; (ii) to immediately notify CalumetPhoto.com of any changes to your registration information; (iii) that you will not provide a false name or an email address that is owned or controlled by another person; (iv) that you will not use a screen name that is subject to any rights of another person or company without appropriate authorization; or (v) use a screen name that is offensive as determined by CalumetPhoto.com in its sole discretion. Failure to comply with the Registration requirements listed above constitutes a material breach of these Terms of Service and may result in the immediate termination or cancellation of your Calumet Photographic account. Calumet Photographic, in its sole discretion, reserves the right to cancel or refuse registration of a user account.
By registering for and using the Web Site, you agree that you are solely responsible for maintaining the confidentiality of your password and that you are solely responsible for all activities that occur under your login ID and/or screen name. You further agree to immediately notify CalumetPhoto.com if you become aware of any unauthorized use of your login ID, screen name, or password. For your security, you should always remember to log out of your CalumetPhoto.com account when you are finished using the Web Site.
Restrictions on Rights to Use
Without limiting the generality of other provisions of these Terms of Service, you agree you will not:
- download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell rent, license or in any way commercially exploit any portion of the Web Site, except to the extent expressly permitted under these Terms of Service;
- remove or use without express authorization from Calumet Photographic, Inc. any copyright, trademark or other proprietary content contained in or on the Web Site;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Web Site;
- collect any information about other Visitors (including usernames, passwords, and/or email addresses);
- reformat or frame any portion of any web pages that are part of the Web Site;
- create user accounts by automated means or under false or fraudulent pretenses;
- create or transmit to other Visitors unsolicited electronic communications, such as "spam," or otherwise interfere with other Visitors' enjoyment of the Web Site;
- submit to the Web Site any photos or content that falsely states or implies that such content is sponsored or endorsed by CalumetPhoto.com;
- transmit or upload to the Web Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Web Site, any other web site, or any computer or other device or system, or the enjoyment of the Web Site by any User;
- use the Web Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
- submit to the Web Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity, or otherwise use the Web Site to transfer or store illegal material, including any material deemed threatening or obscene;
- copy or store any User Content offered on the Web Site other than for your personal, non-commercial use;
- take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Web Site or CalumetPhoto.com's IT infrastructure as determined by CalumetPhoto.com in its sole discretion;
- use the Web Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law; or
- collect or store personal data about other Visitors in connection with the prohibited activities described in this paragraph.
User Content Posted By You on the Web Site
Without limiting the generality of any other provisions of these Terms of Service:
- You agree not to post, upload or transmit any photos or content that (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, publicity or privacy right or other proprietary right of any party, or (ii) is proprietary to a third party, without obtaining prior consent to do so.
- You are solely responsible for any photos or content you upload, post, publish, or display on the Web Site or share with others via the Web Site.
- By uploading photos to the Web Site, you grant and represent and warrant that you have all rights and authority necessary to grant to: (i) Calumet Photographic an irrevocable, perpetual, non-exclusive, royalty-free, fully sub-licensable, worldwide license to use, copy, publicly display, and distribute your uploaded photos with or without attribution; and (ii) all Visitors an irrevocable, perpetual, non-exclusive, royalty-free license to use any photos you make available to Visitors for such Visitors' personal, non-commercial use.
- You are prohibited from uploading content to the Web Site that, for example: (i) is patently offensive to Visitors of the Web Site, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) harasses or advocates harassment of another person; (iii) promotes illegal activities or conduct that is abusive; (iv) is threatening, obscene, defamatory or libelous; (v) is pornographic or sexually explicit in nature; or (vi) exploits people under the age of 18 in a sexual or violent manner.
- Calumet Photographic reserves the right to review, remove, or disable access to any content it determines, in its sole discretion, is in violation of these Terms of Service, is offensive or illegal, or may harm, violate the rights of, or threaten the safety of any individual or entity.
If you believe any photo or other aspect of the Web Site infringes your copyright, you should send written notice of copyright infringement to Calumet Photographic’s Copyright Agent. To meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512), your notice must include the following information:
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site;
- Your physical address, telephone number and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner's behalf;
- An electronic or physical signature of the copyright owner or person authorized to act on behalf of the copyright owner.
Calumet Photographic’s Copyright Agent can be contacted as follows:
Calumet Photographic, Inc.
Attn: Copyright Agent
900 W. Bliss St.
Chicago, IL 60642
You acknowledge that: (i) Calumet Photographic or its licensors owns the Web Site, including all content and software, but excluding photos uploaded by users, all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the Web Site, including all patents, copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing; and (ii) you are the owner of any photos or content posted by you. Nothing contained in these Terms of Service shall be deemed to grant to you or any other party any rights, title or interest in or to any patent, copyright, trademark or other intellectual property or proprietary right of Calumet Photographic or any of its licensors.
CALUMET PHOTO, and other marks displayed on the Web Site are the proprietary service marks or trademarks of Calumet Photographic, Inc. or its licensors. Use of Calumet Photographic’s trademarks, service marks, or logos without the express written permission of Calumet Photographic, Inc. is prohibited. Other trademarks not owned by Calumet Photographic, Inc. that appear on the Web Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Calumet Photographic, Inc.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITE, AND ANY PHOTOS OR OTHER CONTENT ON THE WEB SITE, IS SOLELY AT YOUR OWN RISK AND THAT ALL SUCH CONTENT IS PROVIDED BY CALUMET PHOTOGRAPHIC ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CALUMET PHOTOGRAPHIC MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE WEB SITE, INCLUDING BUT NOT LIMITED TO PHOTOS UPLOADED TO THE WEB SITE, ALL OTHER CONTENT DISPLAYED ON THE WEBSITE, AND ALL PRODUCTS AND SERVICES OFFERED IN CONNECTION WITH THE WEB SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, CALUMET PHOTOGRAPHIC DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE WEB SITE IS ACCURATE, COMPLETE OR CURRENT. CALUMET PHOTOGRAPHIC IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS CONTAINED ON THE WEB SITE OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE WEB SITE. CALUMET PHOTOGRAPHIC MAKES NO REPRESENTATIONS AND WARRANTIES THAT THE WEB SITE OR THE USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM CALUMET PHOTOGRAPHIC SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT TO CALUMETPHOTO.COM, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO ANY CONTENT OR YOUR COMPUTER SYSTEM, OR THE LOSS OF DATA THAT MAY RESULT FROM THE USE OF OR THE DOWNLOAD OR UPLOAD OF ANY CONTENT VIA THE WEB SITE. IN THE EVENT OF ANY MISTAKE BY CALUMET PHOTOGRAPHIC, SUCH AS THE SHIPMENT OF A DEFECTIVE PRODUCT, WE WILL BE LIABLE ONLY TO THE EXTENT OF OUR RETURN POLICY.
Limitation on Liability
IN NO EVENT SHALL CALUMET PHOTOGRAPHIC OR ITS AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF CALUMET PHOTOGRAPHIC, INC., BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, OR IMPROPER USE OF THE WEB SITE AND IN NO EVENT WILL THE TOTAL LIABILITY OF CALUMET PHOTOGRAPHIC, INC. EXCEED ONE HUNDRED ($100.00) UNITED STATES DOLLARS. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
You agree to indemnify and hold Calumet Photographic, Inc. and its affiliates, and the directors, officers, employees, agents and representatives of Calumet Photographic, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys fees) arising from any cause of action arising out of or related to (i) your access to the Web Site, (ii) your use of the Web Site, (iii) any photos or content you post, upload or transmit via the Web Site, (iv) your use or distribution of any photos or content posted or uploaded to the Web Site, (v) your violation of these Terms of Service, (vi) any use of your login ID, screen name, or password by you or any third party, or (vii) the infringement or other violation by you, or any third party using your account, login ID, screen name, or password, of any intellectual property or other right of any person or entity.
Third Party Advertisements and Links to Third Party Sites
Third party advertisements, such as banner advertisements and pop-up texts, and links to third party sites may be displayed on the Web Site. Calumet Photographic is not responsible or liable (directly or indirectly) for the content of such advertisements or links, any products, services or other materials offered by or related to such advertisements, or any linked site. The display of any advertisement or link does not imply endorsement by Calumet Photographic of the advertisement or linked site or any content displayed therein.
Changes to the Web Site and Terms of Service
Calumet Photographic, Inc. reserves the right, at any time and without notice, to add to, update, change, modify or revise these Terms of Service, the CalumetPhoto.com Web Site, or our services by posting such change, update or modification on the Site. Any such addition, update, change, modification or revision will be effective immediately upon posting. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the Web Site after any modifications indicates your acceptance of the modified Terms of Service.
Any dispute relative to the Web Site or use or inability to use the Web Site will be governed by the laws of the State of Illinois, without regard to its conflict of law provisions. You agree to personal jurisdiction and venue in the state and federal courts located in Chicago, Illinois. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and you do not have any authority of any kind to bind Calumet Photographic in any respect whatsoever. Calumet Photographic may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail and/or postings on the Web Site. These Terms of Service, accepted upon use of the Web Site, constitute the entire agreement between you and Calumet Photographic regarding use of the Web Site. Failure of Calumet Photographic to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable. The headings in these Terms of Service are for convenience only and have no legal or contractual effect.
Contact and Violations
You can contact us with any questions regarding these Terms of Service or to report violations of these Terms of Service by email at legal@CalumetPhoto.com or by mail at: Calumet Photographic, Inc., 900 W. Bliss St., Chicago, Illinois 60642.